The nice thing about bad laws that are written poorly is they generally won't pass judicial muster.
-----Original Message-----
From: airvair at earthlink.net <airvair at earthlink.net>
To: hugh <hugpeg at embarqmail.com>; Virtual Vairs <virtualvairs at corvair.org>
Sent: Sat, 30 May 2009 10:56 am
Subject: Re: <VV> Law moving thru the North Carolina legislature
All I can say is that that is a badly written {proposed) law. It does not
provide for notification, or for that matter, any kind of exemption for
hobby purposes. It doesn't even aknowledge any rights of the owners of said
"junk"cars to due process or compensation.
Who thought up that ordinance, a first grader? Yikes......
-Mark, in Ohio (thank goodness)
> [Original Message]
> From: hugh <hugpeg at embarqmail.com>
> To: Virtual Vairs <VirtualVairs at corvair.org>
> Date: 5/30/2009 10:45:44 AM
> Subject: <VV> Law moving thru the North Carolina legislature
>
> GENERAL ASSEMBLY OF NORTH CAROLINA
>
> SESSION 2009
>
> H 4
>
> HOUSE BILL 867
>
> Committee Substitute Favorable 5/6/09
>
> Senate State and Local Government Committee Substitute Adopted 5/26/09
>
> Fourth Edition Engrossed 5/27/09
>
> Short Title: Junked & Abandoned Vehicles. (Public)
>
> Sponsors:
>
> Referred to:
>
> March 30, 2009
>
> *H867-v-4*
>
> 1 A BILL TO BE ENTITLED
>
> 2 AN ACT AFFECTING THE REGULATION OF ABANDONED OR JUNKED MOTOR
>
> 3 VEHICLES IN ALL MUNICIPALITIES.
>
> 4 The General Assembly of North Carolina enacts:
>
> 5 SECTION 1. G.S. 160A-303(b2) reads as rewritten:
>
> 6 "(b2) A junked motor vehicle is an abandoned motor vehicle that also:
>
> 7 (1) Is partially dismantled or wrecked; or
>
> 8 (2) Cannot be self-propelled or moved in the manner in which it was
originally
>
> 9 intended to move; or
>
> 10 (3) Is more than five years old and worth less than one hundred dollars
>
> 11 ($100.00);($100.00) or is more than five years old and worth less than
five
>
> 12 hundred dollars ($500.00) as provided by the municipality in an
ordinance
>
> 13 adopted under this section; or
>
> 14 (3a) Is more than five years old and worth less than five hundred
dollars
>
> 15 ($500.00); this subdivision applies only to the Cities of Belmont,
Bessemer
>
> 16 City, Cherryville, Eden, Gastonia, Greensboro, Henderson, High Point,
>
> 17 Mount Holly, and Reidsville and the Towns of Ahoskie, Ayden, Cornelius,
>
> 18 Cramerton, Dallas, Davidson, Farmville, Huntersville, LaGrange,
Matthews,
>
> 19 Mint Hill, Louisburg, Spring Lake, and Stanley; or
>
> 20 (4) Does not display a current license plate."
>
> 21 SECTION 2. G.S. 160A-303.2(a) reads as rewritten:
>
> 22 "(a) A municipality may by ordinance regulate, restrain or prohibit
the abandonment of
>
> 23 junked motor vehicles on public grounds and on private property within
the municipality's
>
> 24 ordinance-making jurisdiction upon a finding that such regulation,
restraint or prohibition is
>
> 25 necessary and desirable to promote or enhance community, neighborhood
or area appearance,
>
> 26 and may enforce any such ordinance by removing or disposing of junked
motor vehicles
>
> 27 subject to the ordinance according to the procedures prescribed in
this section. The authority
>
> 28 granted by this section shall be supplemental to any other authority
conferred upon
>
> 29 municipalities. Nothing in this section shall be construed to
authorize a municipality to require
>
> 30 the removal or disposal of a motor vehicle kept or stored at a bona
fide "automobile graveyard"
>
> 31 or "junkyard" as defined in G.S. 136-143.
>
> 32 For purposes of this section, the term "junked motor vehicle" means a
vehicle that does not
>
> 33 display a current license plate and that:
>
> 34 (1) Is partially dismantled or wrecked; or
>
> General Assembly Of North Carolina Session 2009
>
> Page 2 House Bill 867-Fourth Edition
>
> 1 (2) Cannot be self-propelled or moved in the manner in which it
originally was
>
> 2 intended to move; or
>
> 3 (3) Is more than five years old and appears to be worth less than one
hundred
>
> 4 dollars ($100.00);($100.00) or is more than five years old and appears
to be
>
> 5 worth less than five hundred dollars ($500.00) as provided by the
>
> 6 municipality in an ordinance adopted under this section.
>
> 7 (4) Is more than five years old and appears to be worth less than five
hundred
>
> 8 dollars ($500.00). This subdivision applies only to the Cities of
Belmont,
>
> 9 Bessemer City, Cherryville, Eden, Gastonia, Greensboro, High Point,
>
> 10 Monroe, Mount Holly, and Reidsville and the Towns of Ahoskie, Ayden,
>
> 11 Cornelius, Cramerton, Dallas, Davidson, Farmville, Huntersville,
LaGrange,
>
> 12 Mint Hill, Louisburg, Spring Lake, and Stanley."
>
> 13 SECTION 3. This act is effective when it becomes law, but the repeal of
>
> 14 G.S. 160A-303(b2)(3a) and G.S. 160A-303.2(a)(4) become effective
October 1, 2009. A
>
> 15 municipality may adopt an ordinance under G.S. 160A-303(b2)(3) or G.S.
160A-303.2(a)(3)
>
> 16 when this act becomes law, but the ordinance may not become effective
prior to October 1,
>
> 17 2009.
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